Summary On 15 April 2003, the tanker EmeraldStar was upbound in St.Marys River with a cargo of refined petroleum products for the Purvis Marine Limited dock in Sault Ste. Marie, Ontario. The bridge team consisted of the master, the second officer, a pilot, and the wheelsman. As the vessel approached Mission Point, the master observed two yellow buoys in the approach to the Purvis Marine Limited dock. The master, who was unaware of the purpose of the yellow buoys, conferred with the pilot, who advised that they were the same buoys used during dredging operations carried out in the previous year. At 1545, as the vessel approached the dock at a shallow angle, leaving the easternmost buoy to port, the vessel grounded. The vessel sustained structural damage to its hull. There was no pollution. Ce rapport est galement disponible en franais. Other Factual Information Particulars of the Vessel Description of the Vessel The EmeraldStar is a tanker with the bridge and accommodation aft and a clear view forward. As per the International Convention for the Prevention of Pollution from Ships and the United States Oil Pollution Act of 1990 regulations, the EmeraldStar is fitted with side and bottom ballast tanks and void spaces. The vessel regularly carries refined petroleum products for ports of the Great Lakes, St.Lawrence River and eastern Canada. At the time of the occurrence, the vessel was on a long-term charter to Ultramar Canada Inc. and subrogated to PetroNav Inc. of Montral, Quebec, a company specializing in petroleum transportation services. Description of the Public Port of Sault Ste. Marie The harbour of Sault Ste. Marie, Ontario, is located in the St.Marys River, which connects Lake Superior with Lake Huron. The navigable waters of the river, which are subject to shoaling, are dredged periodically to maintain channel depths. Vessel traffic services are provided by the United States Coast Guard (USCG). The Canadian harbour of Sault Ste.Marie is a public port administered by Transport Canada (TC) with a harbour master. There is a reception manifold at the end of the Purvis Marine Limited (PML) dock for receiving refined petroleum products. The dock was a public port facility and was divested to PML in May 1998. United States (U.S.) National Oceanic and Atmospheric Administration (NOAA) chart14884 shows that depths along the outer southern face of the dock are 20feet, and 20to 22feet for the approach to the dock. The dashed line on the chart drawn from buoyQA2 (close southeast to the dock) to the Bayfield Dike light marks the easternmost outer limit of the approach to the dock. The two yellow buoys placed off the PML dock, which were marking the dredged area of the channel, were not indicated on the chart (see AppendixA). Pilotage Pilotage is compulsory in the St. Marys River for all foreign-registered vessels and any vessel that does not qualify for exemption from the applicable pilotage regulations. Pilotage for these waters is provided by four Canadian and 21American pilots on a rotational basis. Dredging in the Vicinity of the Purvis Marine Limited Dock Having divested the dock and associated waterlots to PML, TC's position was that any dredging of the approach to the dock is the responsibility of the dock owner. In2001, Algoma Central Corporation contracted PML to dredge the approach to and alongside the PML dock to increase the depth of water from 6.0m to 7.0m. This would permit vessels to carry more petroleum product for delivery to the dock. PML was issued a permit on 16November2001 by the Sault Ste.Marie Region Conservation Authority to conduct dredging operations. There was no application for authorization from TC to conduct dredging as required under section35 of the Public Ports and Public Port Facilities Regulations. On 18January2002, the day on which dredging operations began, PML requested the Canadian Coast Guard (CCG) to issue a Notice to Shipping (NOTSHIP) to inform mariners of dredging operations. PML also requested permission from the CCG to place three new buoys in the approach to the PML dock and to move existing buoyQA2. CCG assistance with determining buoy type and colour was also requested byPML. CCG's response of 21January2002 indicated that, to have a NOTSHIP issued, PML should contact CCG's Marine Communications and Traffic Services (MCTS) in Sarnia, Ontario, and provide them information on the dredging operation. CCG's response also indicated that buoy QA2 was not to be moved and that PML should contact CCG on completion of dredging to arrange a site inspection to determine what aids to navigation would be required to mark the approach. Based on information provided by PML to MCTS, NOTSHIP C61 was broadcast on 24January2002 to advise mariners of dredging operations in the area of the PML dock and to request they exercise caution. To facilitate dredging operations, PML placed two yellow buoys to mark the area to be dredged. The buoys were of steel construction, spar-shaped and had a conical top. The upper portion of the buoy was approximately 240mm wide. The buoy's above-water height was at least 1m. CCG and the harbour master were not made aware of the use of yellow buoys, nor were they noted or reported by the harbour master. On 04 June2002, soundings of the approach to the PMLdock (the area undergoing dredging operations) were taken on behalf of PMLby a private dredging contractor. PML distributed the soundings to the Canadian Hydrographic Service, CCG and some vessel owners and charterers. On 19 September2002, PML informed CCG that dredging operations were completed and NOTSHIPC2404 was issued to advise mariners. PML also indicated to CCG its intention to replace one of the buoys with a red lighted buoy to accommodate tankers calling at the dock. The two yellow buoys used during the dredging operations were the same buoys used to indicate the limits of the dredged channel. History of the Voyage In the early morning of 14April2003, the EmeraldStar departed Port Huron, loaded with 2712tonnes of regular gasoline, 3275.9tonnes of low sulphur diesel and 500tonnes of tank washing slops, bound for the PML dock in Sault Ste.Marie. The vessel was loaded for an arrival draught of 6.55m. Before departing Sarnia for Port Huron, a voyage plan for the trip to Sault Ste.Marie had been prepared by the second officer. The master reviewed the plan and had used the sounding survey (dated 04June2002), which had been sent to the vessel by the charterer, to verify the available depth of water at the PML dock. A U.S. pilot boarded the vessel at Port Huron. At 1607, the EmeraldStar was abeam of De Tour light and the pilot took the conduct. It was reported that, prior to this, he reviewed and discussed the voyage plan and sounding survey for the PML dock with the master. As the vessel proceeded upbound, the master was informed that the tanker Algonova was berthed and discharging cargo at the PML dock and would not complete operations until the following afternoon. At 1950, the EmeraldStar anchored in the Lake Nicolet anchorage area and waited for the berth to become available. On the following day, 15April, the master of the EmeraldStar was informed that the Algonova would be departing the PML dock. The bridge team consisted of the master, the second officer, a pilot and the wheelsman. At 1400, the EmeraldStar weighed anchor and proceeded upbound for the PML dock. As the vessel approached Mission Point, located approximately 1.5nautical miles southeast from the PML dock, the master and pilot noticed two yellow buoys in the approach to the dock. The master, not aware of their intended purpose, asked the pilot about the buoys. The pilot advised that the buoys were placed during last year's dredging operation. Reportedly, the pilot made a cellular telephone call to a fellow pilot to confirm the approach to the dock. The vessel was maintaining steerageway near Bayfield Dike Light awaiting the departure of the Algonova. The Algonova made a pre-departure call on very high frequency (VHF) radiotelephone to the USCG Sault Ste.Marie Traffic Centre. At 1522, the master of the EmeraldStar then called the Algonova and asked about which side to pass the yellow buoys. The master of the Algonova informed the EmeraldStar that it was his practice to pass in between the buoys. There is conflicting information as to what the pilot and the master discussed after receiving this advice, and whether there was agreement on how to approach to the PMLdock. In any event, the master decided to make an easy approach to the dock by passing the yellow buoys to port. There was no effective intervention from the pilot to dissuade the master from taking the easternmost approach. Having discharged its cargo, the shallow draught Algonova departed its berth, entered the main channel without passing between the buoys, and proceeded downstream. The EmeraldStar then continued towards the dock, and the master took over the conduct of the vessel from the pilot for the approach. The second officer left the bridge to prepare for the berthing operation. The vessel proceeded towards the dock intending to keep the easternmost yellow buoy fine on the port bow. At about this time, a worker at the pump station at the end of the PML dock noticed that the vessel was proceeding outside the yellow buoys and informed PML staff. PML called the EmeraldStar on VHF radiotelephone to warn the vessel to stay in between the buoys. Shortly after the call and before the master was able to change course, the vessel went aground at 1545. The reported position of the grounded vessel was 4630.1'N and 08419.44'W, approximately 1.4cables off the dock but within the easternmost outer limit of the approach depicted on U.S.NOAA chart14884. A sketch of the occurrence area is shown in AppendixA. Figure1 shows the reported position of the grounded vessel in relation to the yellow buoys. The master ordered that soundings be taken around the vessel and within the hull. It was determined that there was no ingress of water and no release of pollutants. The vessel tried to refloat under its own power but was unsuccessful. As a result of attempting to go astern, wash from the propeller stirred up mud from the harbour bed, which blocked the vessel's intakes. The main engine had to be shut down and the strainers cleaned out. At 1800, when the Sault Ste. Marie Traffic Centre called the EmeraldStar to inquire about its intentions, the USCG was informed that the EmeraldStar was aground. Prior to this, no notification of the accident had been given to any relevant authority. The tug WilfredM.Cohen, owned and operated by PML, was hired to assist in refloating the vessel. The tug arrived at 2130 and was made fast to the stern of the vessel. By now, cargo had been transferred internally to develop a list to port and lessen stresses on the starboard side. At 2145, the vessel was refloated. The vessel proceeded to its berth and unloaded its cargo without further incident. The vessel underwent an inspection by TC and a Class surveyor and was permitted to depart. The occurrence was not reported to the harbour master. Figure1. Reported position of the grounded vessel in relation to the private yellow buoys Voyage Planning A voyage plan from Sarnia to Sault Ste. Marie was developed before departure from Sarnia. The plan did not identify all pertinent navigational information for use during the approach to the PML dock. A copy of the sounding survey was kept with the voyage plan. No latitudes or longitudes were marked on the sheet and its orientation differed from the navigation chart. Company and charterer practices for vessels calling at the PML dock are that the arrival draught of single-hulled tankers provide for an underkeel clearance of at least two feet (61cm) and double-hulled tankers, at least one foot (30cm). The EmeraldStar was loaded for an arrival draught of 6.55m to allow for an underkeel clearance of 30cm, after having taken into consideration a predicted water level of 14cm below chart datum at a time of arrival of1300. Damage to the Vessel The vessel sustained internal and external damage to some of its double bottoms in way of tanks Nos.2through6. Three cracks were also found; a 200mm-long crack in way of the bottom of the longitudinal bulkhead, a small crack in way of a connecting bracket of a transverse bulkhead, and a 200mm-long crack at the bottom of a transverse bulkhead. These cracks were repaired, and re-surveyed by a Classification Society surveyor. This damage was to be re-surveyed at the next dry-docking. Weather, Water Levels and Current The weather at the time of the grounding was: visibility 10miles and north to north-north-east winds of 15to 20knots. Water levels recorded below the lock at Sault Ste. Marie for 15April are listed in Table1. Water level at the time of grounding was between 17.1cm and 18.3cm below chart datum. Table1. Water levels for different times as recorded below the lock at Sault Ste. Marie on 15April2003. The hyphen(-) indicates below chart datum.3 The speed of the current was approximately one knot. Personnel Qualifications and Experience The master was issued a Master, Intermediate Voyage, certificate in1997 and had received training in Bridge Resource Management in2001. He had served as chief mate for some six years and as master for one year. This was his first trip to Sault Ste. Marie that year as master of a vessel. He had made three or four trips to the area over the previous three to four years. The pilot had been a United States Great Lakes registered pilot for 22years. Duties and Responsibilities of a Harbour Master The harbour master for Sault Ste. Marie was appointed in November1995. He had no marine port operating experience, nor was it a job requirement for a harbour master. The duties and responsibilities assigned to this harbour master included: collecting harbour dues; reporting breach of regulations, practices and procedures, codes, standards and guidelines relating to the safe use of the public port; and making routine/periodic inspections of the public port to keep informed of activities taking place at the public port. Public Ports and Public Port Facilities The majority of regional/local port facilities previously owned by TChave been transferred to interested parties as operating port facilities or, in some cases, for other uses. This process is ongoing. The term public ports is used to describe defined bodies of water regulated and controlled by TC, and all of these waterbodies were originally designated as public harbours under legislation pre-dating the Canada Marine Act. The majority of these public harbours were de-designated consequent to the adoption of the National Marine Policy. The Public Ports and Public Port Facilities Regulations provide for the immediate repeal of public port status for all remaining public ports as follows: upon transfer of all of the public port facilities located within that public port; or for those public ports where the harbour bed is federally owned, upon transfer of the harbour bed. Of the nine remaining public ports in Ontario, two fall within the first category and seven in the second, including Sault Ste. Marie. Because part of the harbour bed of the public port of Sault Ste. Marie is federally owned, its public port designation continues after transfer of the public port facility to PML until such time as the harbour bed is also divested. Harbour Navigational Buoys, Sounding and Dredging Responsibilities Before being transferred to the Department of Fisheries and Oceans (DFO) from TC in1995, the CCG was responsible for the placement and maintenance of navigation buoys in the main channels and public harbours, and for initiating surveys and dredging operations in the main channels. When CCG was transferred to DFO, so too was the responsibility for the placement and maintenance of navigation buoys and for the dredging of the main channels. CCG deploys and maintains the Canadian aids to navigation owned by the federal government within the public port. TC retained responsibility to operate TC ports and do sounding and dredging as necessary at TC-owned facilities. TC is not responsible for dredging at public ports or ports under the responsibility of Canada Port Authorities. A person conducting a dredging operation in a public port requires authorization from a port official pursuant to the Canada Marine Act.4 With respect to the placing of or operating a light or day marker in a public port, authorization from a port official is required.5 Reporting Vessel Incidents to the Pilotage Authorities Where an incident occurs within the Canadian Great Lakes compulsory pilotage area and the holder of a licence or pilotage certificate is on board the ship at the time of the incident, such holder and any other person who had the conduct of the ship at the time are required to report the incident forthwith by the fastest available means to the Great Lakes Pilotage Authority (GLPA).6 Further, any person who has the conduct of the vessel is required to submit a written report on the occurrence to the GLPA. The data contained in these reports is used by the GLPA to initiate measures to reduce the risk of recurrence. No written report of this accident was received by GLPA from the master of the vessel. The U.S. pilot on board the vessel at the time of the accident submitted a written report to the USCG. As per general practice, U.S. pilots do not provide a written report on occurrences to the GLPA.